Age Verification

It is a violation for a business with a TABC license or permit to sell, serve, or deliver alcoholic beverages to a minor (i.e., a person under 21 years old). It is also generally a violation to allow a minor to consume or possess an alcoholic beverage on a business’s licensed or permitted premises.

This page explains when a business is required to check a person’s ID to verify that they are 21 or older before selling or serving them an alcoholic beverage. 

See the following sections from the Texas Alcoholic Beverage Code: 

• 1.05. General Penalty
• 11.61. Cancellation or Suspension of Permit
• 61.71. Grounds for Cancellation or Suspension: Retail Dealer 
• 106.01. Provisions Relating to Age. Definition
• 106.03. Sale to Minors
• 106.04. Consumption of Alcohol by a Minor
• 106.05. Possession of Alcohol by a Minor
• 106.13. Sanctions Against Retailer

Age verification is required in each sale of alcohol to consumers for off-premises consumption by the following license and permit types unless they operate a restaurant or hold a Brewpub License (BP) on the premises: 

• Package Store Permit (P)
• Wine Only Package Store Permit (Q) 
• Wine and Malt Beverage Retailer’s Off-Premise Permit (BQ)
• Retail Dealer’s Off-Premise License (BF)
• Wine and Malt Beverage Retailer's Permit (BG)
• Retail Dealer's On-Premise License (BE)

Exceptions may apply in certain circumstances. See Code Section 109.61 to learn more.  

When selling an alcoholic beverage for off-premises consumption, the seller must visually inspect and scan the buyer’s ID (or enter the ID’s information into an electronic reader rather than scan the ID) to verify the buyer is 21 or older.

If the seller can’t access the internet to scan the ID or enter it into an electronic reader, the seller must visually inspect the ID to verify the buyer’s age. In doing so, sellers should accept a government-issued ID that they reasonably believe is valid and accurately describes the person buying the product.

A business will be subject to disciplinary action from TABC for violations of the age verification requirement that occur on or after Sept. 1, 2027.

• Protection from TABC disciplinary action for a violation: if the seller’s failure to access the electronically readable information on the buyer’s ID is because they were unable to access the Internet AND the seller visually inspected the ID to verify the buyer’s age.
• Protection from TABC disciplinary action for selling to a minor: if the seller accessed the electronically readable information on the buyer’s ID and the scan device identified the ID as valid and the buyer as 21 or older.

An individual who violates the age verification requirement when conducting a sale of an alcoholic beverage has committed a class A misdemeanor. 

It’s a defense to criminal prosecution if the seller fails to access the electronically readable information on the buyer’s ID because they were unable to access the Internet or if the buyer was 40 or older.

Age verification is not required — but is recommended — for the sale of alcoholic beverages to consumers by the following business types and in the following scenarios: 

• Brewer’s License (BW)
• Winery Permit (G)
• Distiller’s and Rectifier’s Permit (D)
• Mixed Beverage Permit (MB)
• Retail-tier licenses and permits that operate a restaurant or hold a Brewpub License (BP) on the premises
• The on-premises consumption sales by a Wine and Malt Beverage Retailer’s Permit (BG) and by Retail Dealer’s On-Premise License (BE) if they don’t operate a restaurant or hold a Brewpub License on the premises (their off-premises consumption sales do require age verification; see the previous section to learn more).

Texas law doesn’t require the applicable sellers in this section to check a person’s ID when selling or serving them an alcoholic beverage, but these sellers should do so to avoid making an illegal sale or providing illegal service to a minor.

• To verify a customer’s age, don’t rely entirely on their appearance or behavior. Some minors may look older due to their physical development or what they are wearing. Remember, you have a right to insist that customers prove their age before making a sale or providing service.
• If you check IDs, you may accept any type of ID you are comfortable with, including expired driver’s licenses, foreign passports, etc.
• If employees of these businesses sell to a minor, they will only be protected from criminal liability if the minor falsely represented themself as 21 or older by displaying an apparently valid government-issued ID (i.e., not expired) with a physical description and photo consistent with the minor’s appearance. Acceptable types of ID include a driver's license issued by any state, a U.S. passport, a military identification card, or any other ID issued by a state or the federal government.

See the following Code sections:

• 106.01. Provisions Relating to Age. Definition
• 106.03. Sale to Minors
• 106.06. Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor
• 106.13. Sanctions Against Retailer
• 109.61. Use of Certain Electronically Readable Information

• State and federal law says that anyone under 30 must show ID before buying cigarettes.  
• State law provides a statutory defense to the charge of selling cigarettes to someone under 21 when the buyer presented to the defendant an apparently valid ID issued by a government agency (including a military ID, passport or out-of-state driver's license). 
• TABC does not regulate the sale of cigarettes. Any further questions should be directed to the Texas Comptroller of Public Accounts.